How To Obtain A Move Away Order in California
Are you considering to move out of the area that you currently reside and you have a child in custody that was determined by the courts? If yes, then you need either the consent of the other parent or a court order that will grant you the request. There are many reasons why a parent may want to move out from one state to another. Regardless of the reason, it is very important to note the law that has been put in place in California does not allow parents to move away without a court order that grants the permission or consent from the other parent. In this article, we are going to give you tips on how to obtain a move away order in California.
- Consent from the other parent
If you are planning to move to another place, you need to get consent from the other parent. However, in most cases, the parenta seeking out consent from the non-custodial parent usually ends up being frustrated because of lack of cooperation from the other parent. The law usually requires you to notify the other parent of the proposed move and both of you must be in agreement before a court action is filed. This is specifically important if you are in joint custody with the other parent.
- Get a court order
If you are not able to get a consent from the other parent, the second option that you have is obtaining a court order. When filling for a court order, you to need to assure the court that the child will be safe. Before the court grants you permission to move away with the child, they will consider the following factors:
- Ability to effectively co-parent
One very important factor the court will take into consideration before approving your move away request is the ability of both parents to co-parent. This is specifically important if the court issued joint custody to allow both parents to take care of the child. If parents are taking care of the child under joint custody, then one parent cannot make a big decision without consulting the other parent. The court will assess to see how well the parents communicates with each other and if they are able to put the child interest before anything else.
If the parent is planning to relocate in an area where the child’s life will be affected, then the parent needs to prove to the court that the child’s life will not change. Shorter moves may not be seen by the court as being disruptive to the child’a life and relationship with the non-custodial parent. However, a long distance move will come under greater scrutiny by the court.
Although the parent will not be compelled to justify the reason for the move, if the court finds out that the move is not in good faith and may interfere with the relationship between the child and non-custodial parent, then the court may not approve the move.